Terms of Service

Effective Date: March 19, 2026

Welcome to OrangeChat! These Terms of Service ("Terms") govern your access to and use of the OrangeChat AI receptionist platform, website, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1Definitions

  • "OrangeChat," "we," "us," or "our" refers to OrangeChat, the operator of the Service.
  • "User," "you," or "your" refers to any individual or business entity accessing or using the Service.
  • "AI Receptionist" refers to our automated phone service powered by artificial intelligence, including answering inbound calls and making outbound calls on behalf of Subscribers.
  • "AI Chatbot" refers to our embedded website chat widget powered by artificial intelligence.
  • "Messaging Services" refers to outbound SMS, email, and Instagram messaging capabilities provided through the OrangeChat platform.
  • "AI Auto-Reply" refers to automated responses generated by AI on behalf of a Subscriber and sent via SMS, email, or Instagram.
  • "Phone Number" refers to a telephone number provisioned through OrangeChat via our telephony provider, Twilio.
  • "Caller" refers to any person who calls your assigned OrangeChat phone number or receives an outbound call made by your AI Receptionist.
  • "Recipient" refers to any person who receives an SMS, email, or Instagram message sent through the Service on your behalf.

2Account Registration

To use the Service, you must:

  • Provide accurate and complete information during registration
  • Maintain the security of your account credentials
  • Be at least 18 years old or the age of majority in your jurisdiction
  • Have the authority to bind any business entity you register on behalf of

You are responsible for all activities that occur under your account. Notify us immediately if you suspect unauthorized access to your account.

3Service Description

OrangeChat provides an AI-powered receptionist service that:

  • Answers incoming calls to your assigned phone number
  • Makes outbound calls to your customers on your behalf (e.g., appointment reminders, follow-ups, campaign calls)
  • Provides an AI-powered chatbot for your website visitors
  • Provisions dedicated phone numbers for your business
  • Sends outbound SMS messages and emails to your customers on your behalf
  • Conducts AI-powered outbound voice campaigns to your customer lists
  • Manages Instagram direct messages and comments through connected Instagram Business Accounts
  • Provides AI Auto-Reply capabilities that automatically respond to inbound SMS, email, and Instagram messages
  • Collects caller, chat user, and message recipient information based on your configured settings
  • Provides information about your business to callers and website visitors
  • Transfers calls to designated numbers when appropriate
  • Stores call transcripts, chat conversations, messages, and analytics for your review
  • Uses uploaded knowledge base documents to answer questions accurately

4Subscription and Billing

Free Trial: New users may receive a 14-day free trial. During the trial, you have full access to the Service. Your payment method will be charged at the end of the trial period unless you cancel.

Billing: Subscriptions are billed monthly in advance. Additional usage beyond your plan's included calls will be charged at the applicable overage rate.

Cancellation: You may cancel your subscription at any time through your account settings. Your service will remain active until the end of your current billing period.

Refunds: Subscription fees are non-refundable except as required by law or at our sole discretion.

5Acceptable Use

You agree not to use the Service to:

  • Engage in any unlawful, fraudulent, or deceptive activities
  • Violate any applicable laws, regulations, or third-party rights
  • Transmit spam, unsolicited communications, or misleading information
  • Send unsolicited bulk SMS or email messages, or messages to persons who have not consented to receive them
  • Fail to honor opt-out or unsubscribe requests from message Recipients
  • Spoof, falsify, or misrepresent sender identity in any outbound message
  • Send messages containing illegal, harmful, or deceptive content
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service for any purpose that could harm minors
  • Impersonate any person or entity

6Phone Number Provisioning

Ownership: Phone numbers provisioned through the Service are owned by OrangeChat and licensed to you for use during your active subscription. You do not own the phone number assigned to your account.

Usage: Provisioned phone numbers may only be used in connection with the Service. You may not use your assigned number for purposes outside the platform, including resale or transfer to third parties.

Cancellation & Release: Upon cancellation or termination of your subscription, your assigned phone number will be released and may be reassigned. OrangeChat does not guarantee number portability or retention after cancellation.

Regulatory Compliance: Phone numbers are subject to the regulations of the jurisdiction in which they are provisioned. You are responsible for ensuring your use of the phone number complies with all applicable local, state, provincial, and federal telecommunications regulations.

7Messaging Services & Compliance

The Service enables you to send outbound SMS messages, emails, and Instagram messages, and to make outbound voice calls to your customers. You are solely responsible for compliance with all applicable messaging and telemarketing laws and regulations, including but not limited to:

SMS (TCPA & CASL)

  • Obtaining prior express written consent from Recipients before sending SMS messages, as required by the Telephone Consumer Protection Act (TCPA) in the United States
  • Obtaining express or implied consent from Recipients as required by Canada's Anti-Spam Legislation (CASL)
  • Honoring opt-out requests promptly and maintaining a do-not-contact list
  • Including proper identification of your business in all messages

Email (CAN-SPAM & CASL)

  • Complying with the CAN-SPAM Act (US) and CASL (Canada) requirements for commercial email
  • Including a valid physical postal address and clear sender identification
  • Providing a functioning unsubscribe mechanism and honoring opt-out requests within 10 business days
  • Using accurate and non-deceptive subject lines and header information

Outbound Voice Calls (TCPA & CRTC)

  • Obtaining prior express consent before making outbound calls, including express written consent for calls using artificial or prerecorded voice under the TCPA
  • Complying with the National Do Not Call Registry (US) and the National Do Not Call List (Canada, CRTC)
  • Honoring opt-out requests and maintaining internal do-not-call lists
  • Restricting outbound calls to permitted hours under applicable regulations
  • Disclosing at the beginning of each call that the call is from an AI agent acting on behalf of your business

Instagram Messaging

  • Complying with Meta's Platform Terms, Instagram API Terms, and Community Guidelines
  • Only messaging users who have initiated contact or consented to receive messages
  • Not using Instagram messaging for spam, unsolicited advertising, or harassment

Important: OrangeChat provides the messaging and calling infrastructure but does not verify that you have obtained required consent from your Recipients or call recipients. Violations of messaging and telemarketing regulations may result in significant fines (up to $1,500 per unsolicited SMS or call under TCPA). You agree to indemnify OrangeChat for any claims arising from your messaging or outbound calling activities.

8AI Auto-Reply

The Service includes an AI Auto-Reply feature that automatically generates and sends responses to inbound SMS, email, and Instagram messages on your behalf using artificial intelligence and your knowledge base content.

Your Responsibility: You are solely responsible for enabling, configuring, and monitoring AI Auto-Reply. All auto-generated messages are sent on your behalf and under your authority. You are responsible for the accuracy and appropriateness of AI-generated responses.

Disclosure: You acknowledge that Recipients may not be aware they are communicating with an AI. You are responsible for any required disclosures about automated messaging in your jurisdiction.

Limitations: AI Auto-Reply uses your uploaded knowledge base and configured instructions to generate responses. As with all AI systems, responses may occasionally be inaccurate, incomplete, or inappropriate. You should regularly review auto-reply conversations and correct any errors with your customers.

9Call Recording and Data

Recording Disclosure: You are responsible for ensuring compliance with all applicable call recording laws in your jurisdiction for both inbound and outbound calls. Some jurisdictions require all-party consent for call recording. The AI receptionist may inform callers that the call is being recorded. For outbound calls, you must ensure recording disclosures are provided at the beginning of the call.

Data Ownership: You retain ownership of all data you provide to us and all call data generated through your use of the Service, including data from both inbound and outbound calls. We process and store this data to provide the Service and as described in our Privacy Policy.

Data Retention: Call recordings and transcripts are retained according to our data retention policies. You may request deletion of your data in accordance with our Privacy Policy.

10AI Limitations

Important: Our AI receptionist uses advanced technology but may occasionally make errors, misunderstand callers, or provide incorrect information. You acknowledge these limitations and agree that OrangeChat is not liable for any damages arising from AI errors or limitations.

The Service is not intended for use in emergency situations or for providing medical, legal, or financial advice. You are responsible for reviewing call transcripts and correcting any errors with your customers.

11Intellectual Property

The Service, including its software, design, graphics, and content, is owned by OrangeChat and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for your business purposes during your subscription period. You may not copy, modify, distribute, sell, or lease any part of our Service or software.

12Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.

We do not guarantee that the Service will be uninterrupted, error-free, or secure. We make no warranty regarding the quality, accuracy, or reliability of any information provided through the Service.

13Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORANGECHAT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages arising from missed calls, dropped calls, undelivered messages, or service interruptions
  • Any fines, penalties, or claims arising from your messaging activities or failure to comply with messaging regulations
  • Any damages exceeding the amount you paid us in the 12 months preceding the claim

14Indemnification

You agree to indemnify, defend, and hold harmless OrangeChat and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any content or information you provide through the Service; (e) your messaging and outbound calling activities, including any claims related to unsolicited messages or calls, TCPA violations, CAN-SPAM violations, CRTC violations, or CASL violations; or (f) any AI Auto-Reply responses sent on your behalf.

15Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination:

  • Your right to use the Service immediately ceases
  • Your assigned phone number(s) will be released and may be reassigned
  • All connected integrations (Instagram, etc.) will be disconnected
  • You remain responsible for any outstanding charges
  • Provisions that by their nature should survive will survive termination

16Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

17Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Vancouver, British Columbia.

18Contact Us

If you have any questions about these Terms, please contact us:

OrangeChat AI Ltd.

Email: legal@orangechat.ai

Website: orangechat.ai

By using OrangeChat, you acknowledge that you have read, understood, and agree to these Terms of Service.

See also: Privacy Policy